The People's Lawyer Consumer News Alert | |||
![]() |
|||
|
|||
Subscribe to the Newsletter Helpful Links Texas Consumer Complaint Center Credit Reports and Identity Theft Your Guide to Small Claims Court Contact Us 1-713-743-2168 |
The People’s Lawyer’s Tip of the DayHey college students: even though you’re likely far from campus, scammers are still trying to find you. Click here for more. Disney World reveals plans for a phased reopeningGet out your mouse ears -- Disney World is gearing up for a reopening. Your MoneyPaying bills on time has become a challenge for many Americans, thanks to the novel coronavirus. But here's the good news: Cash-strapped individuals have access to a range of relief measures to make monthly bills affordable. The federal government, state lawmakers and private companies have rolled out forbearance and deferment programs to combat the financial woes caused by layoffs, furloughs and other financial setbacks. While it often makes sense to continue paying your bills on time if you're able, these programs are available to ensure that the hardest-hit Americans can afford essentials such as food and shelter. Here are bills you may be able to skip, pause or deprioritize during the coronavirus pandemic: Click here for more. For the LawyersDefendant avoids a class action suit by adding a class action arbitration provision after suit is file. Plaintiff, filed suit on behalf of herself and similarly situated Shutterfly users. U.S. District Judge Mary Rowland found that Plaintiff must arbitrate her claims even though Defendant amended its arbitration clause after the lawsuit had begun. The Court found that Shutterfly’s Terms of Use included a valid change-in-terms provision, which informed users “Shutterfly had the right to unilaterally modify its terms, the modified terms would be posted on Shutterfly’s website, and that continued use of Shutterfly’s products constitutes acceptance of the modified terms.” After Shutterfly posted this amendment in 2015, Plaintiff subsequently placed four orders for products and continued to use her Shutterfly account through 2019. Plaintiff argued she “did not agree to arbitration before she filed this lawsuit in June 2019, and that the September 2019 email was an attempt to retroactively force her into arbitration.” The Court found that Plaintiff is bound by the 2015 modification. In other words, by continuing to use Defendant’s products after the 2015 notice, Plaintiff “agreed that her continued use of Shutterfly’s services would communicate her assent to the most recent version of the Terms and Use posted online at the time of her use.” Accordingly, the Court granted Shutterfly’s motion to compel arbitration for Plaintiff. Miracle-Pond v. Shutterfly, Inc., No. 19 cv 04722, 2020 U.S. Dist. LEXIS 86083 (N.D. Ill. May 15, 2020) Click here for more. |
||
To stop receiving email news alerts from the Center for Consumer Law, please click here. |